SEGS to Student to PSW ? ? ? ?

X-rader · Post by **X-rader** » Sat Apr 16, 2011 6:03 pm

Hi,

I wanted to ask, I was on SEGS visa in 2006, then went on to a Student Visa in 2007. Left UK in Aug. 2008 and have come back to UK on Student Visa in Dec. 2009. Now I have completed my MBA for uni of Wales. I was now wondering If I was eligible to apply for PSW.

If anyone can guide me on this, it shall be greatly appreciated. Thanks in Advance

Post by **Greenie** » Sat Apr 16, 2011 6:12 pm

No you can't apply for psw because you previously had leave under SEGS

245FB

b) The applicant must not previously have been entry clearance or leave to remain as a Tier 1 ( Study Work) Migrant as a Participant in the International Graduates Scheme (or its predece Science and Engineering Graduates Scheme), or Participant in the Fresh Talent: Working in Sco Scheme.(

rizwan567 · Post by **rizwan567** » Sat Apr 16, 2011 7:43 pm

If you were given segs for 1 year then yes you can get psw for another 1 year. Rule is that you can not have segs/igs/psw for more than 2 years. You availed 1 year and 2nd year is still to be availed.

X-rader · Post by **X-rader** » Sat Apr 16, 2011 8:25 pm

Thank you so much for the replys.

But all this legal Jargon was driving me Crazy.

Esp. sections 245A and 245Z for the Tier 1 (Post-Study Work) migrants.

245Z. Requirements for leave to remain:

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

But then

245ZA. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;

So I was really confused my self ! ! !

Please help me out.

Post by **PaperPusher** » Sat Apr 16, 2011 8:38 pm

X-raider

You cannot have PSW because you have had SEGS in the past, and you cannot have the extra one year now because you were not last granted leave under SEGS, but as a student/Tier 4.

It was a once in a lifetime visa, and you have had it already.

terriblescream · Post by **terriblescream** » Sat Apr 16, 2011 11:56 pm

No You cannot have PSW.

Transitional arrangements would be there for you only if your last leave in the UK was IGS or SEGS.

But as you are in Tier 4 you cannot avail that 1 year.

Sorry mate...get Tier 2 or extend your tier 4 or leave the country

X-rader · Post by **X-rader** » Sun Apr 17, 2011 8:10 pm

Hello Guys Thanks for your replies. the only thing I wanted to ask was that: I am on a new Entry Clearance VISA (Student) now. So the fact that I haven't been in the country for a period for over a year does it make any difference. Would they treat this as a fresh application as my back history has nothing to do with my new Entry Clearance Stamp in my passport.

Post by **Greenie** » Sun Apr 17, 2011 8:12 pm

X-rader wrote:Hello Guys Thanks for your replies. the only thing I wanted to ask was that: I am on a new Entry Clearance VISA (Student) now. So the fact that I haven't been in the country for a period for over a year does it make any difference. Would they treat this as a fresh application as my back history has nothing to do with my new Entry Clearance Stamp in my passport.

no difference. You can.t have psw or one of its equivalents more than once.

Post by **PaperPusher** » Sun Apr 17, 2011 8:56 pm

X-rader wrote:Hello Guys Thanks for your replies. the only thing I wanted to ask was that: I am on a new Entry Clearance VISA (Student) now. So the fact that I haven't been in the country for a period for over a year does it make any difference. Would they treat this as a fresh application as my back history has nothing to do with my new Entry Clearance Stamp in my passport.

It would be a fresh application that would get refused. It is a once in a lifetime opportunity to have SEGS/IGS/FTWIS/PSW.

X-rader · Post by **X-rader** » Mon Apr 18, 2011 9:44 am

Thanks Guys, Will have to find another alternative then. I am open to any Suggestions. (My Wife is in UK as well as my Dependent).

pepegorima · Post by **pepegorima** » Tue Apr 19, 2011 12:22 pm

Hi X-Rader,

You can definitely apply for PSW and get a two year visa because I did exactly that.

I had a student visa from 2003 - 2006; I applied for IGS in May 2006 and was granted till June 2007. I then went back to student visa till January 2009 but I completed my course by October 2008 when I then applied for PSW.

I was granted this after a long wait in July 2009 and I have just recently transferred to Tier 1 general valid till Apr 2013.

So definitely, you can apply unless of course, teh rules have changed since then.

Post by **Greenie** » Tue Apr 19, 2011 5:22 pm

pepegorima wrote:Hi X-Rader,

You can definitely apply for PSW and get a two year visa because I did exactly that.

I had a student visa from 2003 - 2006; I applied for IGS in May 2006 and was granted till June 2007. I then went back to student visa till January 2009 but I completed my course by October 2008 when I then applied for PSW.

I was granted this after a long wait in July 2009 and I have just recently transferred to Tier 1 general valid till Apr 2013.

So definitely, you can apply unless of course, teh rules have changed since then.

the rules we have quoted above are the current rules. The op cannot apply for psw for the reasons already explained.

rizwan567 · Post by **rizwan567** » Tue Apr 19, 2011 6:19 pm

I still belive that op can get 1 year PSW visa because he availed only 1 year of possible 2 years in his life time.

-----------------------

The bottom line is, you must apply for PSW visa. If you get it thats great and If you do not get it you only loose application fee which is not a big risk.

And when you get the result let us know, that will conclude this topic.

tuliprose · Post by **tuliprose** » Wed Apr 20, 2011 3:50 pm

The rules changed in Oct 2009.

I switched to student visa after using my one year of IGS in Mar 2009.
But unfortunately rules changed after that.

So there is no chance. But if you still apply then please your application decision here.

Thanks

X-rader · Post by **X-rader** » Fri Apr 22, 2011 11:27 am

Thanks for all your replies.

There seems to be a lot of confusion in the market.

I spoke to various immigration advisers as well. The thing is that most think it can't be done any-more, but then again some very bid names told me that it could be done, so obviously I assume they know of a legal loop hole in the system.

One of the advisor I spoke to was quite frank as to say that technically its all down to the case worker, working on my file. They might see it as a new case altogether or a continuation from my previous records. If they see this as a new entry clearance then there is a pretty good chance I can get it but to be honest its a 50:50 chance.

Hope anyone can tell me anything other than that.

arsenal49 · Post by **arsenal49** » Fri Apr 22, 2011 1:17 pm

what you are failing to notice is... there are some lawyers out there who will SAY anything to get you pay them their fees!

As soon as caseworker would run a check on your background, it would come up on his/her screen that you were awarded SEGS previously- meaning psw is out of question!

X-rader · Post by **X-rader** » Fri Apr 22, 2011 1:50 pm

I guess you are absolutely right. They will say anything to get a quick buck.

rizwan567 · Post by **rizwan567** » Thu Jun 09, 2011 12:39 pm

Did you apply? What was the outcome?

tuliprose · Post by **tuliprose** » Sun Jun 26, 2011 8:10 pm

X-rader wrote:I guess you are absolutely right. They will say anything to get a quick buck.

Did you apply for PSW? As i am in same situation.

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SEGS to Student to PSW ? ? ? ?

SEGS to Student to PSW ? ? ? ?